NY: No REP or 4A right against recording of calls from prison

No Fourth Amendment right of defendant was violated by recording his prison calls and then admitting them into evidence. He was well on notice that they were recorded. People v. Diaz, 2019 NY Slip Op 01260, 2019 N.Y. LEXIS 266 (Feb. 21, 2019).

On a 2255 COA application, petitioner fails to show that defense counsel was ineffective for not raising a Franks issue for which he makes no offer of proof that shows it would succeed. Fields v. United States, 2019 U.S. App. LEXIS 5206 (11th Cir. Feb. 22, 2019).*

Defendant wasn’t entitled to a Franks hearing because of his failure to make his required substantial preliminary showing of the knowing or reckless false statement. People v. Bellinger, 2019 NY Slip Op 01315, 2019 N.Y. App. Div. LEXIS 1285 (1st Dept. Feb. 21, 2019).*

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